Form I-140: Immigrant Petition for Alien Worker
The employer-filed petition that secures your place in the employment-based green card line (EB-1, EB-2, or EB-3).
Table of Contents
Who Needs Form I-140?
You must have your employer file the **I-140 petition** if you are seeking a permanent employment-based green card. Sponsoring employers file this form for professionals, skilled workers, and executives under preference categories EB-1, EB-2, and EB-3.
This petition marks the official **employment green card start** and establishes that you meet the educational and experience requirements for the permanent job position.
When Do You File Form I-140?
For most EB-2 and EB-3 cases, you must first complete the Department of Labor labor certification process. The transition from **PERM to I-140** must occur within 180 days after your labor certification is approved.
Failing to file the I-140 within this 180-day window cancels your approved labor certification, requiring your employer to restart the entire recruitment process.
Where Do You File Form I-140?
The employer mails the physical paper petition, along with the approved labor certification and supporting financial documents, to the designated USCIS service center or lockbox.
Certain Form I-140 categories can also be submitted electronically using the USCIS online filing portal.
Filing Fees & Processing Times
Filing Fee: Sponsoring employers must pay a base fee and additional asylum program fees depending on company size. Check uscis.gov/forms for current fee rates.
Processing Time: Standard processing ranges from 4 to 10 months. Sponsoring employers can pay for Premium Processing (Form I-907) to guarantee a decision or response from USCIS within 15 calendar days.
Common Mistakes to Avoid
- Employer's Inability to Pay: Sponsoring companies must prove they have the financial ability to pay your offered wage. Provide tax returns or audits starting from the priority date.
- Inconsistent Credentials: Your education and work experience letters must match the job requirements listed on your PERM labor certificate exactly. Any discrepancy leads to denial.
- Missing Original Signatures: Sponsoring employers must include the original, signed Department of Labor labor certification form with the physical mailing.
What Happens After You File?
USCIS will issue a receipt notice (Form I-797C). The receipt date on your labor certification application remains your official priority date, which secures your place in the green card queue.
Once approved, you will receive an approval notice. You must monitor the monthly Visa Bulletin and wait for your priority date to become current before you can submit Form I-485.
Frequently Asked Questions
What is a priority date on an I-140?
For sponsored workers, your priority date is the date the Department of Labor originally accepted your PERM labor certification application. This date determines your spot in the backlog line.
Can I keep my priority date if I change employers?
Yes. Once your Form I-140 is approved and remains active for at least 180 days, you can retain that priority date and apply it to a new employer's petition if you change jobs.
Who pays the filing fee for Form I-140?
Unlike the PERM labor certification, there is no legal rule stating that the employer must pay the I-140 filing fee. Either the sponsoring employer or the worker can pay it, though most employers cover it.
Official Resources
OFFICIAL PAGE →Check Your Priority Date
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